NEWFOUNDLAND AND LABRADOR
REGULATION 27/23
Tourist Accommodations Regulations
under the
Tourist Accommodations Act
(Filed April 4, 2023)
Under the authority of section 11 of the Tourist Accommodations Act,
I make the following regulations.
Dated at St. John’s, April 3, 2023.
Steve Crocker
Minister of Tourism, Culture, Arts and Recreation
REGULATIONS
Analysis
Short title
1.
These regulations may be cited as the Tourist Accommodations Regulations
.
27/23 s1
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Definitions
2.
In these regulations
(a)
"Act" means the Tourist Accommodations Act
;
(b)
"former Act" means the Tourist Establishments Act
; and
(c)
"platform operator" means a person who facilitates or brokers reservations for the short term rental of tourist accommodations and who receives compensation in connection with a person making or completing a reservation for a short term rental.
27/23 s2
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Registration
3.
(1) An operator shall apply to the minister to register a tourist accommodation before commencing operations.
(2)
An application under subsection (1) shall be in a form set by the minister and shall include
(a)
the legal name of the operator;
(b)
the operating name of the tourist accommodation, if any;
(c)
the address of the tourist accommodation;
(d)
the type of accommodation offered;
(e)
the number of units offered for short term rental in the tourist accommodation;
(f)
the total number of bedrooms contained in all units offered for short term rental in the tourist accommodation; and
(g)
any additional information required by the minister.
(3)
Where an operator operates more than one tourist accommodation, the operator shall submit a separate application to register each tourist accommodation.
(4)
The minister shall register a tourist accommodation where the operator satisfies the requirements in this section.
(5)
Registration of a tourist accommodation is not transferable or assignable.
27/23 s3
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Operator to notify minister
4.
Where information provided to the minister by an operator under the Act or these regulations has changed, the operator shall provide updated information to the minister, in writing, within 60 days.
27/23 s4
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Cancellation
5.
A registration of a tourist accommodation may be cancelled where
(a)
an operator notifies the minister that the operator has ceased to operate the tourist accommodation; or
(b)
the minister determines that the tourist accommodation is no longer being operated.
27/23 s5
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Disclosure of information
6.
The minister may disclose information collected under the Act or these regulations
(a)
to a person where the disclosure is necessary for the administration or enforcement of the Act and these regulations;
(b)
to a public body as defined in the Access to Information and Protection of Privacy Act, 2015
for the purpose of the public body administering or enforcing an Act of the province; and
(c)
to a platform operator for the purpose of confirming registration of a tourist accommodation under the Act where the platform operator has signed an agreement to comply with conditions set by the minister.
27/23 s6
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Transitional
7.
(1) Where a person who is required to register a tourist accommodation under the Act holds a valid licence in respect of the tourist accommodation under the former Act on the coming into force of these regulations, the tourist accommodation is considered registered under these regulations.
(2)
Where a person who is required to register a tourist accommodation under the Act submitted an application for a licence in respect of the tourist accommodation under the former Act and the licence has not been issued or refused on the coming into force of these regulations, it shall be considered to be an application for a registration of the tourist accommodation under these regulations.
27/23 s7
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NLR 87/02 Amdt.
8.
Paragraph 2(b) of the Glover Island Public Reserve Regulations
is amended by deleting the words "licensed under the Tourist Establishment Regulations"
and substituting the words "registered under the Tourist Accommodations Act
".
27/23 s8
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NLR 73/11 Amdt.
9.
Paragraph 14(3)(a) of the Revenue Administration Regulations
is amended by deleting the words "tourist establishment that is or is required to be licensed under the Tourist Establishment Regulations
" and substituting the words "tourist accommodation that is or is required to be registered under the Tourist Accommodations Act
".
27/23 s9
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Repeal
10.
The Tourist Establishment Regulations
, Consolidated Newfoundland and Labrador Regulation 806/96, are repealed.
27/23 s10
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Commencement
11.
These regulations come into force on the date the Act comes into force.
27/23 s11
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